Legal Opinion
Mechanics National Bank of Worcester v. Gaucher
Massachusetts Appeals Court
Decided March 7, 1979PublishedCited by 15 opinions
1Opinion of the CourtKass, J.
In this case the plaintiff bank (Bank), a secured party, seeks to reach certain funds which it characterizes as "proceeds” 2 from the sale of personal property, a mo bile home, in which it had a security interest. Whether the Bank can do so raises questions under arts. 2 and 9 of the Uniform Commercial Code, G. L. c. 106 (the Code), and depends, in our view, on whether the Bank’s debtor, a mobile home dealer, completed the sale of the mobile home to the proposed buyer.
The Bank’s complaint sought a declaratory judgment as to who was entitled to $14,000 which was in the hands of counsel to the…
2Cases cited7 opinions
- Wormstead v. Town Manager of SaugusMassachusetts Supreme Judicial Court · 1975
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Board of Selectmen of Hatfield v. GarveyMassachusetts Supreme Judicial Court · 1973
- International Harvester Credit Corp. v. Associates Financial Services Co.Court of Appeals of Georgia · 1974
- Integrity Insurance v. Marine Midland Bank-WesternNew York Supreme Court · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- First National Bank of Thomasboro v. LachenmyerAppellate Court of Illinois · 1985
- IFG Leasing Co. v. GordonUtah Supreme Court · 1989
- Fireman's Fund Insurance Companies v. BlaisMassachusetts Appeals Court · 1982
- Circuit City Stores, Inc. v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 2003
- Commonwealth v. Wellesley Toyota Co.Massachusetts Appeals Court · 1984
10 more not listed; retrieve them via the Exa API.